Beyond 'Fortress America' National Security Controls on Science and Technology in a Globalized World (2009) / Chapter Skim
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To help ensure its superiority, the United States established a system of national security controls to prevent the leakage of military-related goods and technologies, including so-called dual-use goods and technologies that could give military advantages to our adversaries. This system was codified in export, visa, and classification laws and regulations.
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These unintended consequences arise from policies that were crafted for an earlier era. In the name of maintaining superiority, the United States now runs the risk of becoming less competitive and less prosperous; we run the risk of actually weakening our national security.
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Tying together the multiple strands of the problem -- the changing requirements of national security from the Cold War era, the impact of economic globalization on the U.S. economy, the impact of the globalization of science and technology on the U.S.
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A. For most of the last 20 years, the executive and legislative branches of the federal government have failed to come to agreement -- either internally or with each other -- on dual-use export control policy. This failure has led to unnecessary vulnerabilities in our national security and in our economic competitiveness.
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Recommendations The committee structured its recommendations into three areas: reforming the export control process, ensuring scientific and technological competitiveness, and improving the non-immigrant visa system that regulates the entry into the United States of foreign science and engineering students, scholars, and professionals. In the committee's view, it is important to act immediately, within the boundaries of the President's authority to ameliorate the policy
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Rather, the committee recommends that two policy changes and two structural changes be made to retain needed export controls while shedding the largest obstacles to an efficient system. With these changes implemented in an expedient manner, the United States will stem the loss of technological and economic competitiveness and begin to benefit from carefully targeted and calibrated controls that reflect and meet current challenges that the country faces in protecting both our national security and our economic well-being.
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B. Apply "sunset" requirements to all items on export control lists that are controlled unilaterally by the United States, and require findings to be made every 12 months that removing controls on an item would present a substantial risk to national security. No version of the current control system should survive without an effective method for pruning items from the control lists when they no longer serve a significant definable national security interest.
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; and • Monitoring and oversight of the sunset process. D. Establish an independent export license appeals panel to hear and decide disputes about whether export licenses are required, whether particular decisions to grant or deny licenses were made properly, and whether sunset requirements have been carried out properly.
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It has no operational responsibility other than to hear disputes and issue opinions. The best organizational home for the proposed coordinating center and the export license appeals panel would be within the National Security Council (NSC)
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The President should direct that executive authorities under the Arms Export Control Act and the Export Administration Act be administered to assure the scientific and technological competitiveness of the United States, which is a prerequisite for both national security and economic prosperity. Action Items A. Maintain the Fundamental Research Exemption that protects unclassified research, as provided by National Security Decision Directive 189, and ensure that it is properly implemented.
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jobs by denying entry to foreign professionals; jobs will simply go abroad. It is important for both the national security and economic prosperity to maintain the flow of human talent into the United States.
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D. Institute skills-based preferential processing with respect to visa applications. The committee recommends that the President's Executive Order institute a new skills-based, preferential processing with respect to visa applications.
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